Civil legal relationship in the mechanism of regulation[Цивільне Правовідношення В Механізмі Правового Регулювання]

The article is devoted to the analysis of place and importance of civil legal relationship in the mechanism of regulation. The author notes that being an integrated system of elements mechanism of legal regulation in general able to lead to consequences that can not be caused by its individual elements themselves. In this regard all the elements of the mechanism of legal regulation of the relationship are connected between themselves and influence each other in some way. The views on the mechanism of legal regulation of property relations are considered in the article. In particular, the author notes that mechanism of regulation can be described in narrow and wide senses. In the narrow sense it is a combination of some elements – legal facts, acts of right evaluation, legal rules and legal relationships that in aggregate are able to achieve the goal of the legal regulation of property relations. This vision devoid of the emotional component and represents the mechanism of regulation in purely instrumental character. In turn, in wide sense the mechanism of regulation in addition to the listed elements is supplements with various «emotionally and psychological» elements, such as sense of justice, legal culture and more. It is noted that the original and fundamental basis of the legal regulation of property relations is the rule of law. Other elements of the mechanism of regulation have secondary nature in relation to this element. In turn, the relationship is nothing but a shell of existence and legal form of public relations. The author considers that the dynamics of relationships is determines by two major legal facts – beginner and concluding. Beginner legal fact is a legal model of behavior that is fixed in the rule of law and that can be the reason for the occurrence of the relevant legal relationships. Prior to the rise of this legal fact a rule of law has the character of unrealized model of behavior. The concluding legal fact is actually the accident of reality that terminates the existence of legal relations. It is proved that the beginner legal fact has place out of legal relationship because at the time of its occurrence such relation does not exist. And vice versa – the concluding legal fact has place within the time of existence of legal relationships because such an existence is the sinequanone circumstance for the conclusion. Beginner and concluding legal facts make accordingly the origination and deprivation influence over the legal relationships while all other legal facts within these relationships regardless of its nature has right-modifying character because they only lead to the modification or termination of the rights and duties of the parts of relationship. Its determined that all legal actions of the participants within the existence of the relationship (within the period between the beginner and concluding legal facts) may be in the form of legal fact or acts of right evaluation. It depends on consequences to which such actions can lead. The author proves that legal relationship in the mechanism of regulation can be seen as a goal of its functioning, the indicator of its efficiency, its element and the form of existence of public relations.